The Impact of the Singapore Mediation Convention and its Adaptation Study in Our Country

Authors

  • Junyi Zhang
  • Ranran Wang

DOI:

https://doi.org/10.54691/fhss.v2i12.3128

Keywords:

Singapore Conciliation Convention; Commercial Mediation; International Business; China's Commercial Mediation System.

Abstract

The United Nations Convention on International Commercial Conciliation and Reconciliation Agreements (hereinafter referred to as the Singapore Conciliation Convention), for the first time in the form of an international convention, gives legal enforceability to the international commercial reconciliation agreements reached after the investigation, so as to break the dilemma of difficult implementation of the settlement agreements in the international arena. However, this is extremely inconsistent with China's legal provisions and long-standing legal concepts. According to Chinese law, the settlement agreement does not have the enforcement force of legal effect, and it can be enforced only after being reviewed by the court or other institutions. This is where the contradiction between the Singapore Mediation Convention and China arises. The promulgation of the Singapore Mediation Convention has brought impact and opportunities to China's commercial mediation agreements. We must improve China's commercial mediation system so as to link up with the Convention. This paper uses the methods of literature analysis, value analysis and historical analysis to analyze the major difficulties of China's accession to the Singapore Mediation Convention, and to improve the review and implementation procedures to overcome the possibility of seeking the application of the Singapore Mediation Convention in China.

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References

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Published

2022-12-21

How to Cite

Zhang, J., & Wang, R. (2022). The Impact of the Singapore Mediation Convention and its Adaptation Study in Our Country. Frontiers in Humanities and Social Sciences, 2(12), 27–34. https://doi.org/10.54691/fhss.v2i12.3128

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Section

Articles